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Speech by the Latvian Minister of Foreign Affairs
at the meeting of government representatives
to the European Convention

21 February 2003

Dear colleagues,

I am very pleased to use this opportunity to express my considerations regarding the proceedings of the Convention and to give brief comments to some Articles of the Draft Constitutional Treaty.

The Convention has reached the very important and decisive stage of the drafting the Constitutional Treaty of the European Union. The presented draft framework for a new Constitutional Treaty creates the good basis for the work in the upcoming months. It is very important to determine the corresponding procedures in order to facilitate the Convention commitment to achieve the far-reaching changes in the European Union. Several issues referring to the proceedings in the drafting stage of the Convention deserve careful consideration:

- Firstly, we shall seek for the most appropriate procedures to reflect in the Draft the compromise reached in the working groups as much as it is possible. I think, that establishment of a new working group, open to all members of the Convention for the discussions of draft amendments, would be reasonable solution. This is particularly important regarding the issue of the European Union institutions.

- Secondly, it seems hardly possible to give well-grounded opinion on the Draft Treaty as it appears part by part. I think if the Convention wants to achieve the best possible results, Members should be able to consider the complete text of the draft Treaty. It is also very important, that the members of the Convention are duly informed about the procedure and schedule of drafting the Treaty. Considering the previously mentioned, the members of the Convention should retain the right of amending the draft Articles after examination of the complete text.

- Thirdly, taking into account that examination of the Draft Articles is a time-consuming work, the deadlines for the submission of the amendments on the Draft Articles should be extended. I think, that we need to establish at least two weeks long period for the submission of the positions. Also, it is of equal importance to have all the necessary time for discussing the draft within the Convention itself.

Speaking about the new Treaty, I think, that it is very well structured, simple and logical. This is the great step forward if we comparing the draft Treaty with the rather bureaucratic language of the current one. At the same time I would like to focus on the two reservations regarding the submitted articles of the Constitutional Treaty Draft.

Firstly, the Union is a specific and original entity, which is based on the several establishing Treaties. Taking into account that the constitutional issues in the EU are approved on the basis of the agreement between the Member States in form of the treaties, the new Draft Treaty should be referred as the Constitutional Treaty. The concept of "Constitution" itself, in my opinion, is not appropriate for the Union of the nation states. Therefore I would like to suggest principally use the title "Constitutional Treaty" throughout the Draft as far the concept "treaty" adverts to the voluntary aspect of the agreement.

Secondly, the use of the term "federal" in Article 1 of the Draft would be hardly acceptable, as it would lead to misconception among the citizens that a federal state is being built. Montesquieu once said that federal state is the community within the community, which constitutes a new community. Also the modern understanding of the concept "federal" indicates a model of the merging two or more countries into a joint body âÀ“ federation, which itself embodies feature of the country. As far our aim is not to create the European Union as a federal state, use of this concept can cause groundless doubts regarding the true nature of the Union.

Thank you for attention!